FG, Lagos in Face-off Over Wrecked Vessels

The Federal Government and Lagos state are headed for another showdown, this time on the rights and obligation to save the Lagos coastal shoreline from the constant threats of the Atlantic Ocean. Nigeria CommunicationsWeek checks last week show discontent tunes from both Abuja and Lagos concerning evacuation of abandoned ship wrecks.
The Lagos State Ministry of Waterfront Infrastructure Development and the Nigerian Maritime Administration and Safety Agency (NIMASA) – and agency of the federal government – were in war of words harping on jurisdiction to perform duties of evacuating the ship wrecks which constitute environment pollution from ships and wreck/derelicts on the coastal shoreline.
Nationwide, there are claims of over 100 abandoned such wrecks along the coastlines of such port cities as Lagos, Port Harcourt, Calabar and Warri.
A maritime source says these ports are gradually becoming hubs of old ships and abandoned marine vessels. “The situation, apart from causing environmental nuisance, identifiably, it leads to navigational hazards,” the source said.
Last week, the Lagos state government issued a 21-day ultimatum for the removal of these wrecked vessels at Maiyegun and Alpha beach fronts by their owners or face legal action.
Adesegun Oniru, Lagos state commissioner for waterfront infrastructure development said in a press advertorial last week that their removal has become necessary in view of the current degradation being witnessed around the two beach fronts.
 “The degradation and decomposition of beached vessels causes major erosion, environmental pollution and the effects of such poisonous substances in the waterways is hazardous to the water ecosystem,” Oniru stated.
 “The situation also posed threats to human life,” he added, and stated that the abandoned vessels could encourage tidal lock, which often resulted in distortion of the current and rise in sea level.
He explained that wrecked vessels also create abnormal sea action, resulting in coastal shoreline erosion and the possibility of flooding.
 “The climate change and the coming heavy rains, predicted by the Meteorological Agency this year, have prompted the government to take measures towards controlling flooding in the state.
 “Government,” Oniru said “will proceed to remove the wrecks after the 21 day ultimatum of the public notice,” which commenced last Tuesday.
 “We will not hesitate to institute legal action against owners of such vessels, after the expiration of the ultimatum.’’
But NIMASA in swift reaction advised all maritime stakeholders, involving mariners, ship owners, ship operators, shipping companies/agents and the general public to disregard the notice issued by the state.
Patrick Akpobolokemi, director general of NIMASA said the 2007 ‘merchant shipping act’ makes it the sole regulatory and management agency of all maritime activities in Nigeria. 
“NIMASA is the sole authority designated to receive and generally deal with wrecks and derelicts in our waters. This is also in accordance with respect to safety of navigation and the sustenance of the Marine Eco-system,” Akpobolokemi said in a media statement.
NIMASA absorbed itself of any lapses on the matter but said it would partner interested members of the organized private sector (OPS) to remove all abandoned vessels and wrecks.
Similar war-songs were let loose in 2009 following establishment of the Lagos State Inland Waterways Authority (LASWA). National Inland Waterways Authority, (NIWA) a federal agency authorized to collect levies on boats, motorised dug out canoes, ferries and other water crafts which ply Lagos waters had accused Governor Babatunde Fashola, of usurping the powers of then President Umaru Yar’Adua.
Lagos State government argued that by the provisions of Section 315 of the Constitution of the Federal Republic of Nigeria, 1999, which purportedly empowered it to repeal an existing law, it had the power to repeal the National Inland Waterways Authority Act, Cap N47, LFN, 2004 ("NIWA Act"), which vested the powers over the inland waterways of Nigeria in the National Inland Waterways Authority.